Free education for children with benchmark disabilities

30.(1) Notwithstanding anything contained in the rights of Children to Free and Compulsory Education Act, 2009, every child with bench-mark disability between the age of six to eighteen years shall have the right to free education in a neighborhood school, or in a special school, if necessary.
(2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.
 

Reservation in higher educational institutions

31.(1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five percent seats for persons with benchmark disabilities;
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.
 

Identification of posts for reservation

32. The appropriate Government shall–

(i) identify posts in the establishments to be reserved for the persons with benchmark disability;(ii) review and update the list of identified posts, taking into consideration the developments in technology, at periodical intervals not exceeding five years.
 

Reservation

 33.(1) Every appropriate Government shall reserve in every establishment under them, not less than five per cent, of the vacancies meant to be filled for persons or class of persons with benchmark disability, of which one per cent, each shall be reserved for the persons with following disabilities,-
(a) blindness and low vision;
(b) hearing impairment and speech impairment;
(c) locomotor disability including cerebral  palsy,  leprosy cured and muscular dystrophy;
(d) autism, intellectual disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deafblindness in the posts identified for each disabilities:
Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
Explanation: For the purpose of this section, the computation of reservation of vacancies for the persons with benchmark disabilities shall be computed on five per cent, of the total cadre strength.
(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with bench mark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.
(3) The appropriate Government shall by notification, provide relaxation of upper age limit upto five years for employment of persons with bench mark disability.
 

Incentives to employers in private sector

34. The appropriate Government and the local authorities shall, within the limit of their economic capacity and development, provide incentives to employer in private sectors to ensure that at least five per cent, of their work force is composed of persons with disability.
 

Special Employment Exchange

35. The appropriate Government may, by notification, require that from such date, the employer in every establishment shall furnish such information or return as may be prescribed by the Central Government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such Special Employment Exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition.
 

Special Schemes and Development Programmes

36. The appropriate Government and the local .authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,-
(a) five per cent, reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities;
(b) five per cent, reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;
(c) five per cent, reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centers and production centers.